You are on page 1of 3

Federal Register / Vol. 70, No.

80 / Wednesday, April 27, 2005 / Rules and Regulations 21671

carriage for each county within the Bureau (202) 418–0680, or TTY (202) Regulatory Flexibility Analysis
station’s local market if the satellite 418–7233. (SFRFA). This SFRFA conforms to the
carrier provided notice to the station, SUPPLEMENTARY INFORMATION: This is a RFA. Need for, and Objectives of the
pursuant to paragraph (d)(5)(i) of this summary of the Federal Fifth Memorandum Opinion and Order:
section, that it intends to carry during Communications Commission’s Fifth 6. The Fifth Memorandum Opinion
the next election cycle, or has been Memorandum Opinion and Order, FCC and Order adopts rules to promote the
carrying on the date notification was 05–9, adopted January 5, 2005 and transition to dual mode equipment and
due, in the station’s local market released on January 7, 2005. The full 6.25 kHz equipment in the 700 MHz
another affiliate of the same network as text of this document is available for Public Safety band operating in the
a significantly viewed signal pursuant to inspection and copying during normal General Use and State License channels.
§ 76.54. business hours in the FCC Reference Specifically, we amend our rules to
(iii) A television broadcast station that Center, 445 12th Street, SW., delay the ban on the marketing,
elects mandatory carriage for one or Washington, DC 20554. The complete manufacture, and importation of 12.5
more counties in its market and elects text may be purchased from the kHz equipment until December 31,
retransmission consent for one or more Commission’s copy contractor, Best 2014. In addition, we amend our rules
other counties in its market pursuant to Copy and Printing, Inc., 445 12th Street, to delay until December 31, 2014, the
paragraph (d)(5)(ii) of this section shall SW., Room CY–B402, Washington, DC cut-off for accepting applications for
conduct a unified negotiation for the 20554. The full text may also be new systems operating in the General
entire portion of its local market for downloaded at http://www.fcc.gov. Use and State License channels that use
which retransmission consent is elected. Alternative formats are available to 12.5 kHz equipment. These actions will
(iv) A television broadcast station that effect a transition to a narrowband
persons with disabilities by contacting
receives a notification from a satellite channel plan. The resulting gain in
Brian Millin at (202) 418–7426 or TTY
carrier pursuant to paragraph (d)(5)(i) of efficiency will ease congestion on the
(202) 418–7365 or at
this section with respect to an upcoming General Use and State License channels
Brian.Millin@fcc.gov.
election cycle may choose either in these bands. Delaying this transition,
1. In the Fifth Memorandum Opinion
retransmission consent or mandatory however, will ease the economic burden
and Order, the Commission takes the
carriage for any portion of the 3-year on small businesses by allowing them to
following actions:
make this transition over a longer period
election cycle that is not covered by an • defers the ban on the marketing,
existing retransmission consent of time.
manufacture and importation of Summary of Significant Issues Raised
agreement. equipment soley capable of utilizing by Public Comments in Response to the
* * * * * 12.5 kHz bandwidth when operating in FRFA:
[FR Doc. 05–8202 Filed 4–26–05; 8:45 am] the voice mode in the 700 MHz Public 7. No comments or reply comments
BILLING CODE 6712–01–P Safety Band (12.5 kHz equipment) from were filed in direct response to the
December 31, 2006 until December 31, FRFA. The Commission has, however,
2014; and reviewed the general comments that
FEDERAL COMMUNICATIONS • defers the prohibition on filing may impact small businesses. Much of
COMMISSION applications for new systems that the potential impact on small businesses
operate utilizing 12.5 kHz voice arises form the mandatory migration to
47 CFR Part 90 channels from December 31, 2006 until 6.25 kHz or dual mode technology
[WT Docket No. 96–86; FCC 05–9] December 31, 2014. beginning on December 31, 2014; the
I. Procedural Matters ban on marketing, importation and
Development of Operational, Technical manufacture of 12.5 kHz equipment
and Spectrum Requirements for A. Paperwork Reduction Act Analysis after December 31, 2014; and the freeze
Meeting Federal, State and Local 2. The order does not contain any new on new 12.5 kHz applications. The costs
Public Safety Communication or modified information collection. associated with replacement of current
Requirements Through the Year 2010 systems were cited in opposition to
B. Regulatory Flexibility Act mandatory conversion proposals.
AGENCY: Federal Communications Description and Estimate of the
3. A Supplemental Final Regulatory
Commission. Number of Small Entities to Which the
Flexibility Analysis with respect to the
ACTION: Final rule. Fifth Memorandum Opinion and Order Rules Apply:
has been prepared and is set forth 8. The RFA directs agencies to
SUMMARY: In this document the
below. provide a description of and, where
Commission takes certain actions feasible, an estimate of the number of
intended to encourage the transition to C. Report to Congress small entities that may be affected by
narrowband technology in the 764–776 the rules adopted. The RFA generally
4. The Commission will send a copy
MHz and 794–806 MHz public safety defines the term ‘‘small entity’’ as
of this Fifth Memorandum Opinion and
bands (700 MHz Public Safety Band). having the same meaning as the terms
Order in a report to be sent to Congress
DATES: Effective May 27, 2005. and the General Accounting Office ‘‘small business,’’ ‘‘small organization,’’
FOR FURTHER INFORMATION CONTACT: pursuant to the Congressional Review and ‘‘small governmental jurisdiction.’’
Technical Information: Brian Marenco, Act, see 5 U.S.C. 801(a)(1)(A). In addition, the term ‘‘small business’’
Brian.Marenco@FCC.gov, Public Safety has the same meaning as the term
and Critical Infrastructure Division, D. Supplemental Final Regulatory ‘‘small business concern’’ under the
Wireless Telecommunications Bureau, Flexibility Analysis Small Business Act. A small business
(202) 418–0680, or TTY (202) 418–7233. 5. In view of the fact that the concern is one which: (1) Is
Legal Information: Roberto Mussenden, Commission has adopted further rule independently owned and operated; (2)
Esq., Roberto.Mussenden@FCC.gov, amendments in the Fifth Memorandum is not dominant in its field of operation;
Public Safety and Critical Infrastructure Opinion and Order, the Commission has and (3) satisfies any additional criteria
Division, Wireless Telecommunications included this Supplemental Final established by the Small Business

VerDate jul<14>2003 17:56 Apr 26, 2005 Jkt 205001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\27APR1.SGM 27APR1
21672 Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / Rules and Regulations

Administration (SBA). A small Description of Projected Reporting, including this SFRFA, to the Chief
organization is generally ‘‘any not-for- Recordkeeping and Other Compliance Counsel for Advocacy of the Small
profit enterprise which is independently Requirements: Business Administration. A copy of the
owned and operated and is not 12. This Fifth Memorandum Opinion Fifth Memorandum Opinion and SFRFA
dominant in its field.’’ Nationwide, as of and Order adopts rules to promote the (or summaries thereof) will also be
1992, there were approximately 275,801 transition to dual mode equipment and published in the Federal Register. See 5
small organizations. Below, we further 6.25 kHz equipment in the 700 MHz U.S.C. 604(b).
describe and estimate the number of Public Safety band operating in the
General Use and State License channels. II. Ordering Clauses
small entity licensees and regulates that
may be effected by the proposed rules, Further, this Fifth Memorandum 17. Pursuant to Sections 4(i), 303(f),
if adopted. Opinion and Order amends our current 332, 337 and 405 of the
9. Governmental Entities. The term rules to prohibit the marketing, Communications Act of 1934, as
‘‘small governmental jurisdiction’’ is importation or manufacture of 12.5 kHz- amended, 47 U.S.C. 154(i), 303(f), 332,
defined as ‘‘governments of cities, only equipment beginning on December 337 and 405 this Fifth Memorandum
towns, townships, villages, school 31, 2014. All equipment utilized in the Opinion and Order is hereby adopted.
districts, or special districts, with a 700 MHz Public Safety band on or after 18. Pursuant to Sections 1, 4(i), 303(f)
population of less than fifty thousand.’’ December 31, 2014 must utilize a and (r), 332, and 405 of the
As of 1997, there were approximately maximum channel bandwidth of 6.25 Communications Act of 1934, as
87,453 governmental jurisdictions in the kHz. These rules do not impose new amended, 47 U.S.C. 1, 154(i), 303(f) and
United States. This number includes reporting or recordkeeping requirements (r), 332, and 405 the Petition for
39,044 county governments, on licensees, but will require licensees Reconsideration filed by Motorola, Inc.
municipalities, and townships, of which to transition to new equipment. We on January 13, 2003, is granted to the
37,546 (approximately 96.2%) have have this transition as long as possible. extent described herein.
populations of fewer than 50,000, and of Steps Taken To Minimize Significant 19. It is further order that the
Economic Impact on Small Entities and amendments of the Commission’s Rules
which 1,498 have populations of 50,000
Significant Alternatives Considered: as set forth in Rule Changes are adopted
or more. Thus, we estimate the number
13. The RFA requires an agency to
of small governmental jurisdictions May 27, 2005.
describe any significant alternatives that
overall to be 84,098 or fewer. it has considered in reaching its 20. It is further ordered, that the
10. Public Safety Radio Licensees. As proposed approach, which may include Commission’s Consumer and
a general matter, Public Safety Radio the following four alternatives (among Governmental Affairs Bureau, Reference
Pool licensees include police, fire, local others): (1) The establishment of Information Center, shall send a copy of
government, forestry conservation, differing compliance or reporting this Fifth Memorandum Opinion and
highway maintenance, and emergency requirements or timetables that take into Order including the Supplemental Final
medical services. The SBA rules contain account the resources available to small Regulatory Flexibility Analysis to the
a definition for cellular and other entities; (2) the clarification, Chief Counsel for Advocacy of the Small
wireless telecommunications companies consolidation, or simplification of Business Administration.
which encompass business entities compliance or reporting requirements List of Subjects in 47 CFR Part 90
engage in radiotelephone under the rule for small entities; (3) the
communications employing no more use of performance, rather than design, Communications.
that 1,500 persons. There are a total of standards; and (4) an exemption from Federal Communications Commission
approximately 127,540 licensees within coverage of the rule, or any part thereof, Marlene H. Dortch,
these services. With respect to local for small entities. Secretary.
governments, in particular, since many 14. The Commission considered the
governmental entities as well as private economic burden on small businesses Rule Changes
businesses comprise the licensees for when it adopted the rules set forth in
these services, we include under public PART 90—PRIVATE LAND MOBILE
the Fifth Memorandum Opinion and
safety services, we include under public RADIO SERVICES
Order. For instance, in consideration of
safety services the number of the amortization and life-space of
government entities affected. ■ 1. The authority citation for part 90
current equipment and the resources continues to read as follows:
11. Wireless Communications available to small entities, we amend
Equipment Manufacturers. The SBA has our Rules to delay until December 31, Authority: Sections 4(i), 11, 303(g), 303(r),
established a small business size 332(c)(7), of the Communications Act of
2014 the cut-off for accepting 1934, as amended, 47 U.S.C. 154(i), 161,
standard for radio and television applications for new systems operating 303(g), 303(r), 332(c)(7).
broadcasting and wireless in the General Use and State License
communications equipment channels that use 12.5 kHz equipment. ■ 2. Section 90.203 is amended by
manufacturing. Under the standard, In addition we amend our rules to delay revising paragraphs (m) and (n) to read
firms are considered small if they have until December 31, 2014 the prohibition as follows:
750 or fewer employees. Census Bureau on the marketing, manufacture and
data for 1997 indicates that, for that § 90.203 Certification required.
importation of 12.5 kHz equipment.
year, there were a total of 1,215 15. Exemption from coverage of the * * * * *
establishments in this category. Of rule changes for small businesses would (m) Applications for part 90
those, there were 1,150 that had frustrate the purpose of the rule, i.e., certification received after December 31,
employment under 500, and an migration to more efficient spectrum 2014 will only be granted to transmitters
additional 37 that had employment of use, and facilitate continued inefficient designed to operate in the voice mode
500 to 999. The Commission estimates use of spectrum. on channels designated in
that the majority of wireless 16. Report to Congress: The § § 90.531.(b)(5) or 90.531(b)(6) that
communications equipment Commission will send a copy of this provide at least one voice path per 6.25
manufacturers are small business. Fifth Memorandum Opinion and Order, kHz of spectrum bandwidth.

VerDate jul<14>2003 17:56 Apr 26, 2005 Jkt 205001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\27APR1.SGM 27APR1
Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / Rules and Regulations 21673

(n) Transmitters designed to operate or maintenance of such systems) at a small coastal sharks (SCS); and pelagic,
in the voice mode on channels voice efficiency of at least one voice blue, and porbeagle sharks based on
designated in § § 90.531(b)(5) or path per 12.5 kHz of spectrum over- or underharvests from the 2004
90.531(b)(6) that do not provide at least bandwidth until December 31, 2016. second semi-annual season. In addition,
one voice path per 6.25 kHz of spectrum * * * * * this rule establishes the opening and
bandwidth shall not be manufactured [FR Doc. 05–8204 Filed 4–26–05; 8:45 am] closing dates for the LCS fishery based
in, or imported into the United States BILLING CODE 6712–01–M
on adjustments to the trimester quotas.
after December 31, 2014. Marketing of This action could affect all commercial
these transmitters shall not be permitted fishermen in the Atlantic commercial
after December 31, 2014. DEPARTMENT OF COMMERCE shark fishery. This action is necessary to
■ 3. Section 90.535 is amended by ensure that the landings quotas in the
revising paragraphs (d)(1) and (d)(2) to National Oceanic and Atmospheric Atlantic commercial shark fishery
read as follows: Administration represent the latest landings data.
DATES: This rule is effective May 1, 2005
§ 90.535 Modulation and spectrum usage 50 CFR Part 635
effeciency requirements. through December 31, 2005. The
[Docket No. 050303056-5108-02; I.D. Atlantic commercial shark fishing
* * * * * season opening and closing dates and
020205F]
(d) * * * quotas are provided in Table 1 under
(1) With the exception of licensees RIN 0648–AT07 SUPPLEMENTARY INFORMATION.
designated in paragraph (d)(2) of this
section, after December 31, 2014, Atlantic Highly Migratory Species; ADDRESSES: For copies of this rule, write
licensees may only operate in voice Atlantic Commercial Shark to Highly Migratory Species
mode in these channels at a voice Management Measures Management Division, 1315 East-West
efficiency of at least one voice path per Highway, Silver Spring, MD 20910.
AGENCY: National Marine Fisheries
6.25 kHz of spectrum bandwidth. Copies are also available on the internet
Service (NMFS), National Oceanic and
(2) Licensees authorized to operate at http://www.nmfs.noaa.gov/sfa/hms.
Atmospheric Administration (NOAA),
systems in the voice mode on these Commerce. FOR FURTHER INFORMATION CONTACT:
channels from applications filed on or ACTION: Temporary rule; fishing season Chris Rilling, Karyl Brewster-Geisz, or
before December 31, 2014, may continue notification. Mike Clark by phone: 301–713–2347 or
operating in voice mode on these by fax: 301–713–1917.
channels (including modification SUMMARY: This rule establishes the
SUPPLEMENTARY INFORMATION:
applications of such licenses granted second and third trimester season
after December 31, 2014, for expansion quotas for large coastal sharks (LCS); Opening and Closing Dates and Quotas

TABLE 1—OPENING AND CLOSING DATES AND QUOTAS


Species Group Region Opening Date Closing Date Quota

Second Trimester Season

Large Coastal Sharks Gulf of Mexico July 6, 2005 July 23, 2005 11:30 147.8 mt dw (325,839
p.m. local time lb dw)

South Atlantic August 31, 2005 11:30 182.0 mt dw (401,237


p.m. local time lb dw)

North Atlantic July 21, 2005 65.2 mt dw (143,739 lb


dw)

Small Coastal Sharks Gulf of Mexico May 1, 2005 To be determined, as 30.5 mt dw (67,240 lb
necessary1 dw)

South Atlantic 281.3 mt dw (620,153


lb dw)

North Atlantic 23.0 mt dw (50,706 lb


dw)

Blue sharks No regional quotas May 1, 2005 To be determined, as 91.0 mt dw (200,619 lb


necessary1 dw)

Porbeagle sharks 30.7 mt dw (67,681 lb


dw)

Pelagic sharks other than blue or porbeagle 162.7 mt dw (358,688


lb dw)

Third Trimester Season

Large Coastal Sharks Gulf of Mexico September 1, 2005 October 31, 2005 167.7 mt dw (369,711
11:30 p.m. local time lb dw)

VerDate jul<14>2003 17:56 Apr 26, 2005 Jkt 205001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\27APR1.SGM 27APR1

You might also like